This Document is the Property of His Britannic Majesty's Government, and should be
returned to the Foreign Office if not required for official use.]
95
From CHINA.
Telegram (en clair) from Sir M. Lampson (Nanking,
D.
R.
No. 82 (Tour).
via Peking). 27th March, 1931.
10.00 p.m., 28th March, 1931.
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Rights in immovable property.
"All rights in immovable property held by British subjects in China shall be recognised as valid and shall
remain undisturbed subject to the exercise of the right of
eminent domain by the Chinese Government. The property
of British subjects in China shall not be expropriated,
except for reasons of public interest, recognised by the law as such, and only after adequate compensation has been paid. Any dispute regarding the amount of compensation
to be paid shall be determined by reference to the
competent administrative organ or the competent modern
Court of Justice at the option of the British subject
concerned in accordance with Chinese law."
In attached exchange of notes add following after
penultimate sentence.
"In reaching their decisions in such cases the Chinese courts shall take into consideration the treaty provisions and laws and the customs and practices in various parts of China which existed at the time when the property rights were acquired. The existing rights of British subjects to acquire, hold, and freely dispose of and transfer their rights inimmovable property will remain unimpaired.
Repeated to Peking No. 141.